WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, February 15, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor Eric Mounts, Senior Pastor, Bible Center Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 14, 2012,
On motion of Senator Wills, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Office of Tax Appeals, submitting its annual report as required by chapter eleven, article ten-a, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 57--Requesting the Division of Highways to name that portion of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox’s Hollow Road, a distance of 3.7 miles more or less, as the “Pearsall Land Grant Trace”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Tucker, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 14th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 469), Relating generally to other post-employment benefits.
Respectfully submitted,
Gregory A. Tucker,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 73 (originating in the Committee on Health and Human Resources), Regulating tanning facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 73 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating to regulating tanning facilities; defining terms; setting forth requirements for registration, inspection and obtaining a permit; setting forth the duties and responsibilities of local boards of health; requiring a consent form; setting forth consent form language; creating operating standards; prohibiting the use of tanning devices by anyone under the age of eighteen; granting rule-making authority to the Department of Health and Human Resources to regulate tanning facilities; setting forth minimum requirements for the rule; and establishing criminal penalties.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 135, Requiring consideration of military education, training and experience for professional licensure.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 135 (originating in the Committee on Military)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all relating to the professional and occupational licensure and registration of former and current members of the armed forces of the United States; requiring consideration of military education, training and experience for qualification for professional licensure; providing legislative findings; requiring acceptance of certain military education, training and experience toward qualification for licensure or registration; providing rule-making authority for licensing or registration boards; providing exceptions; and requiring the extension of licenses and the waiver of certain requirements for licenses or registration of persons and accompanying spouses on active duty in the armed forces of the United States.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 135), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 204, Relating to removal of vehicles from highway in emergency situations.
And,
Senate Bill No. 205, Relating to construction zone signage.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Com. Sub. for Senate Bill No. 457, Continuing Rural Health Initiative; other provisions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 510, Amending election recount procedures.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 510 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to amending canvass and recount procedures by reducing the number of precincts required to be randomly selected for canvass or recount.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 518, Prohibiting certain persons from holding elected or appointed office.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 518 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-6-1 and §6-6-9 of said code; to amend and reenact §61-5-4 and §61-5-5 of said code; and to amend and reenact §61-5A-9 of said code, all relating to matters affecting the right to hold office; prohibiting certain persons from being elected or appointed to positions under the laws of the State of West Virginia; requiring certain persons to vacate office upon conviction of certain crimes; defining terms; removing superfluous language; and making technical edits.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 519, Relating generally to suspension or revocation of driver's licenses.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Transportation and Infrastructure pending.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 521, Relating to subrogation rights of PEIA.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 521 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27, relating to the subrogation rights of the Public Employees Insurance Agency to recover claims paid on behalf of covered employees and dependents.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill (Com. Sub. for S. B. No. 521), under the original double committee reference, was then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 539, Relating generally to WV Tourism Development Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 540, Relating to subdivision land development plans or plats.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 543, Creating Prince Railroad Station Authority.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 554, Relating to write-in voting when using electronic voting systems.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 28, Requesting Secretary of Administration maintain historical display of Capitol construction.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Herb Snyder,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Palumbo, Wills, Klempa and Stollings:
Senate Bill No. 590--A Bill to amend and reenact §48-23-101, §48-23-102, §48-23-401, §48-23-402, §48-23-501, §48-23-502, §48-23-503, §48-23-504 and §48-23-506 of the Code of West Virginia, 1931, as amended, all relating to including adult siblings of an adoptee in the mutual consent voluntary adoption registry.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President), Browning, Palumbo, Klempa, Plymale and Stollings:
Senate Bill No. 591--A Bill to amend and reenact §21A-10-7 of the Code of West Virginia, 1931, as amended, relating to imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements or actions; and specifying disposition of the penalties collected.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Unger, Klempa, Foster and Stollings:
Senate Bill No. 592--A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to the adoption of the International Energy Conservation Code; and requiring certain public projects to use the International Energy Conservation Code.
Referred to the Committee on Government Organization.
By Senators Unger, Jenkins and Klempa:
Senate Bill No. 593--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6, §49-6F-7 and §49-6F-8, all relating to establishing the Office of Child Advocacy; defining terms; providing powers and duties of the Office of Child Advocacy; providing qualifications, term of office and salary of the director; granting authority for the director to hire staff; providing the Director and staff of the Office of Child Advocacy to investigate and monitor the Division of Child Protective Services and Division of Juvenile Services; authorizing access by Office of Child Protective Services and certain Division of Corrections records and information; allowing communication with children involved in Child Protective Services investigations and in the custody of the Division of Juvenile Services; providing for confidentiality of certain information; and granting immunity to office from liability in specified circumstances.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Wills, Klempa and Foster:
Senate Bill No. 594--A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to authorizing certain public teachers to attend a conference at the West Virginia Sesquicentennial Celebration in 2013.
Referred to the Committee on Education.
By Senator Tucker:
Senate Bill No. 595--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-42y, relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Palumbo, Jenkins, Beach and Klempa:
Senate Bill No. 596--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8C-3a, relating to prohibiting child erotica; creating a misdemeanor offense for producing, possessing, displaying or distributing child erotica; providing criminal penalty; and defining terms.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Wills, D. Facemire, Edgell, Snyder, Unger, Browning, Beach, Klempa, Foster and Stollings:
Senate Bill No. 597--A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931, as amended, relating to carbon monoxide detectors, smoke detectors and sprinkler systems; requiring smoke detectors and sprinkler systems meet state fire code requirements; requiring carbon monoxide detectors be installed in certain public facilities; requiring carbon monoxide alarms be installed in a central location outside of sleeping quarters and basements where fuel-fired appliances are installed; defining terms; and establishing penalties.
Referred to the Committee on the Judiciary.
By Senators Barnes, Tucker, Jenkins and Wills:
Senate Bill No. 598--A Bill to amend and reenact §33-11-4a of the Code of West Virginia, 1931, as amended, relating to third-party bad faith; permitting civil actions in certain circumstances; requiring the filing of an administrative claim as a precondition to filing a civil action; permitting third party to approve resolution during administrative claim; stating certain items that must be shown in order to succeed at trial; setting a certain presumption of bad faith; declaring the types of damages that are recoverable and when certain damages are recoverable; and granting rule-making authority.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 599--A Bill to amend and reenact §33-6D-1 of the Code of West Virginia, 1931, as amended, relating to use of particular companies or locations providing automobile glass replacement or repair services; adding third-party administrator to those who may not require particular companies or locations when a claim is made under an insurance policy; and adding that those who may not require use of particular companies or locations may also not recommend particular companies or locations.
Referred to the Committee on Banking and Insurance.
By Senator Palumbo:
Senate Bill No. 600--A Bill to amend and reenact §15-2-4 of the Code of West Virginia, 1931, as amended, relating to the State Police appointment of commissioned officers, noncommissioned officers and other members; and increasing principal supervisors to nineteen.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster, Beach and Klempa:
Senate Bill No. 601--A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to jury service of women who are breast feeding; creating exceptions excusing women who are breast feeding from jury duty upon request; and requiring reasonable accommodations for breast-feeding juror if she chooses to serve.
Referred to the Committee on the Judiciary.
By Senators Laird, Miller and Klempa:
Senate Bill No. 602--A Bill to amend and reenact §29A-5-1 of the Code of West Virginia, 1931, as amended, relating to providing that hearing examiners conducting state agency administrative hearings be selected from a panel of five hearing examiners by a process in which the state agency first strikes two hearing examiners and the respondent subsequently strikes two hearing examiners.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Wells, Yost, Barnes, Edgell, Green, Boley, Jenkins, Laird, Williams, Unger and Klempa:
Senate Bill No. 603--A Bill to amend and reenact §15-1H-2 and §15-1H-4 of the Code of West Virginia, 1931, as amended, all relating to public safety; and authorizing the Adjutant General to establish an entity to operate morale, welfare and recreation facilities within the state and to use funds for that purpose.
Referred to the Committee on Military.
By Senators Unger and Klempa:
Senate Bill No. 604--A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to the adoption of the International Association of Plumbing and Mechanical Officials 2010, Green Plumbing and Mechanical Code Supplement; defining terms; requiring certain public projects to use the Green Plumbing Mechanical Code; and requiring legislative rules.
Referred to the Committee on Government Organization.
By Senators Wells, Yost, Barnes, Edgell, Green, Boley, Jenkins, Laird, Williams, Klempa and Plymale:
Senate Bill No. 605--A Bill to amend and reenact §19-25-1, §19-25-3, §19-25-5, §19-25-6 and §19-25-7 of the Code of West Virginia, 1931, as amended, all relating to limiting the liability of landowners who make land available for military, law-enforcement or homeland-defense training.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Unger, Jenkins, Klempa and Foster:
Senate Bill No. 606--A Bill to amend and reenact §60A-7-706 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §61-8C-6, §61-8C-7, §61-8C-8, §61-8C-9, §61-8C-10 and §61-8C-11, all relating to forfeiture of certain property; correcting a technical error; stating legislative findings; providing for the forfeiture of certain materials related to recording sexually explicit conduct of minors or soliciting minors; establishing a procedure for seizure of forfeitable property; creating procedures for forfeiture; setting process for disposition and distribution of forfeited moneys, securities and negotiable instruments; and creating process for disposition and distribution of other forfeited properties.
Referred to the Committee on the Judiciary.
By Senators Barnes and Tucker:
Senate Bill No. 607--A Bill to amend and reenact §33-11-4a of the Code of West Virginia, 1931, as amended, relating to third-party bad faith actions; creating a cause of action for third parties to remedy unfair claims settlement practices; requiring written notice to potential defendant before filing action; stating certain requirements for the notice; setting statute of limitations; establishing certain criteria to proceed to jury trial; requiring proof of claim by clear and convincing evidence; setting a certain presumption of bad faith; and declaring the types of damages that are recoverable and when certain damages are recoverable.
Referred to the Committee on the Judiciary.
Senators Snyder and Klempa offered the following resolution:
Senate Concurrent Resolution No. 38--Requesting the Joint Committee on the Judiciary to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act.
Whereas, The State of West Virginia first adopted a Uniform Common Interest Ownership Act more than two decades ago; and
Whereas, The National Conference of Commissioners on Uniform State Laws has presented various updated versions of the Uniform Common Interest Ownership Act Since West Virginia first adopted a version of the act; and
Whereas, Parts of the state act have been updated from time to time; and
Whereas, The West Virginia Legislature has not made a comprehensive study of the entire act to fully consider whether parts of the state act should be revised to conform to updated versions presented by the National Conference of Commissioners on Uniform State Laws and adopted by other states; and
Whereas, The growth in ownership of condominiums and other common interest communities in the state underscores the importance of having a body of laws which address current concerns in the area of common interest ownership; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Unger and Stollings offered the following resolution:
Senate Concurrent Resolution No. 39--Requesting the Division of Highways to name bridge number 10848 over Dry Run in Berkeley County, the “Dr. Max O. and Evelyn S. Oates Memorial Bridge.”
Whereas, Dr. Max and Evelyn Oates were residents of Martinsburg, West Virginia; and
Whereas, Dr. Max and Evelyn Oates played a vital role in the success of City Hospital and its advances and expansion through their dedication and leadership; and
Whereas, Dr. Max and Evelyn Oates made numerous contributions in support of health care and wellness services throughout the Eastern Panhandle; and
Whereas, Dr. Max Oates, skilled surgeon and businessman, served City Hospital as Superintendent, Chairman of Department of Surgery, Medical Staff President, Medical Director and City Hospital Board of Trustees throughout his medical profession; and
Whereas, Evelyn Oates, businesswoman, civic leader and community contributor, dedicated her continuous support and generosity to City Hospital as a long-standing member of City Hospital Auxiliary, City Hospital Board of Trustees and City Hospital Foundation Board of Directors; and
Whereas, Dr. Max and Evelyn Oates were passionately and extensively involved in bettering their community and serve as prime examples of the impacts selfless service can engender; and
Whereas, It is fitting, to name this bridge as a memorial to the lives of Dr. Max and Evelyn Oates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 10848 over Dry Run in Berkeley County, the “Dr. Max O. and Evelyn S. Oates Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Dr. Max O. and Evelyn S. Oates Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Dr. Max and Evelyn Oates.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Chafin and Plymale offered the following resolution:
Senate Concurrent Resolution No. 40--Requesting the Division of Highways to name bridge 50-152-32.48 on State Route 152, in Wayne County, West Virginia, the “George William Brumfield Memorial Bridge”.
Whereas, George William Brumfield was born November 10, 1923, in Huntington, West Virginia; and
Whereas, George William Brumfield served his country with honor and distinction in the United States Army from March 31, 1943, until March 16, 1946, obtaining the rank of staff sergeant; and
Whereas, Staff Sergeant George William Brumfield served in the central European campaign during World War II and received North African, Middle Eastern and European Ribbons as well as the American Theater Ribbon, the World War II Victory Ribbon and the Good Conduct Medal; and
Whereas, George William Brumfield was a long-time community leader and steward of Wayne County, and served as Mayor of the Town of Wayne and Chief of the Fire Department; and
Whereas, George William Brumfield died July 15, 2006; and
Whereas, The Brumfield family homestead is located on Route 152 near Wayne, West Virginia; and
Whereas, The community of Wayne wishes to honor the memory of George William Brumfield for his many contributions to the community by naming in his honor Bridge 50-152-32.48 on State Route 152 in Wayne County, West Virginia, which adjoins his family homestead on State Route 152 near the Town of Wayne; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge 50-152-32.48 on State Route 152, in Wayne County, West Virginia, the “George William Brumfield Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “George William Brumfield Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Mrs. Ilene T. Brumfield, of Wayne, West Virginia, 25570.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Jenkins, Browning, Kessler (Mr. President), Laird, Prezioso, Klempa and Chafin offered the following resolution:
Senate Resolution No. 29--Designating February 15, 2012, as “West Virginia Nurses Unity Day”.
Whereas, One in forty-three West Virginians is a nurse; and
Whereas, Nurses make a significant contribution of time, energy, heart and care toward the healing of our residents who are ill and suffering; and
Whereas, Nurses are powerful advocates for the health and well-being of all West Virginians, providing education, screening, nursing intervention, evaluation and research to improve the health of West Virginia residents throughout the life span from pre-birth to the end of life; and
Whereas, Nurses meet the health needs of West Virginians not only in hospitals and long term-care facilities, but conveniently in their homes, at school, at work, at church, in community health centers, on the phone and on the internet; and
Whereas, The Institute of Medicine recognizes nurses as key to solving our current rising cost of chronic illness through their expanding leadership as coordinators and collaborators of interdisciplinary health care teams; and
Whereas, The expanding roles of Advanced Practice Registered Nurses as Nurse Anesthetists, Nurse Midwives, and Certified Nurse Practitioners in a variety of specialties provide improved cost-effective access to health services in our rural state; and
Whereas, The American public has voted to acknowledge nurses as the most trusted professionals for twelve years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates February 15, 2012, as “West Virginia Nurses Unity Day; and, be it
Further Resolved, That February 15, 2012, is hereby designated as West Virginia Nurses Unity Day in recognition of the outstanding contributions made by all of our West Virginia nurses to the health, welfare and safety of our state and all of its citizens.
At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Senate Bill No. 75, Creating Equine Rescue Facilities Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 75) passed with its title.
Senator Unger moved that the bill take effect July 1, 2012.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 75) takes effect July 1, 2012.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 164, Increasing sanctions for certain lawsuits and complaints filed by prisoners.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 164) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 245, Authorizing Department of Health and Human Resources promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 245) passed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 245--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to credentialing verification organizations; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to a safety and treatment program; authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to an all-payer claims database--data submission requirements; authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to the all-payer claims database program’s privacy and security; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems operators; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to wastewater systems and operations; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to manufactured home communities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems design standards; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to a child care quality rating and improvement system; authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to fees for qualified interpreters; and authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 245) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 287, Authorizing Department of Revenue promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 287) passed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 287--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer; authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the Department of Commerce, the Department of Transportation and the Department of Environmental Protection; authorizing the Insurance Commissioner to promulgate a legislative rule relating to the licensing and conduct of insurance producers and agencies; authorizing the Insurance Commissioner to promulgate a legislative rule relating to surplus lines insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance holding company systems; authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the Insurance Commissioner to promulgate a legislative rule relating to mini COBRA; authorizing the Insurance Commissioner to promulgate a legislative rule relating to workers’ compensation insurance for state agencies; authorizing the Division of Banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets; authorizing the Racing Commission to promulgate a legislative rule relating to simulcast pari-mutuel wagering at an authorized gaming facility in a historic hotel; authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts; and authorizing the Board of Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a premium subsidy.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 287) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 335, Providing electronic payments subject to returned check fees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 335) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.
The nays were: K. Facemyer--1.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 379) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 390, Relating generally to state revenue funds.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 390) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 408, Creating criminal offense for intentional defacement of public and private property.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 408) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 461, Conforming election violation statute to federal code.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 461) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 461--A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended, relating to correcting language relating to election complaint procedures to conform the language to pertinent federal code.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 500, Allowing IS&C to bill certain spending units for telecommunication services annually.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 500) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. Senate Bill No. 500--A Bill to amend and reenact §5A-7-4a of the Code of West Virginia, 1931, as amended, relating to monthly statements of spending units; and allowing certain monthly statements to accumulate and be mailed in one statement.
Senator Unger moved that the bill take effect July 1, 2012.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Kirkendoll--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 500) takes effect July 1, 2012.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 373, Providing State Police collect fee for advanced training.
Senate Bill No. 410, Requiring backup withholding for certain gambling prizes.
Com. Sub. for Senate Bill No. 421, Creating Captive Cervid Farming Act.
Senate Bill No. 428, Relating to motor vehicle registration of governmental vehicles.
Com. Sub. for Senate Bill No. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation.
Com. Sub. for Com. Sub. for Senate Bill No. 477, Limiting possession of wild and exotic animals.
Senate Bill No. 493, Exempting certain unmarked law-enforcement vehicles from sun-screening restrictions.
Senate Bill No. 499, Clarifying PEIA is not "insurer" or engaged in "business of insurance".
And,
Com. Sub. for Senate Bill No. 527, Relating to general livestock trespass law.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Plymale.
On motion of Senator Unger, a leave of absence for the day was granted Senator Kirkendoll.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 16, 2012, at 11 a.m.
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